Immigrate To The United States
Explore Your Options in The U.S.
The process of getting a visa can be difficult but there are ways you can enter the United States with the help of experienced Immigration Lawyers.
United States EB-5 Program
Permanent Residence by Investment
The USA EB-5 Program- Permanent Residence by Investment
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The Program is currently the only visa program designed to allow foreign investors to obtain permanent residence (a “Green Card”) in the United States. There are 10,000 EB-5 visas available each Fiscal Year.
Ways of Acquiring Citizenship
Investment in a Regional Center
Applicants must make an investment of USD $900,000 in a regional center designated by the USCIC for at least five (5) years and must establish full-time employment for at least ten (10) qualified U.S. workers directly or indirectly through the enterprise. Under this option the Applicant is not required to actively manage the new enterprise.
Validity of Permanent Residence
Upon approval of the investor’s initial application, the investor can apply for conditional residence in the United States which, once authorized, is valid for two (2) years. After two (2) years, the investor can apply to have the conditions removed and have the conditional residency made permanent, provided that certain conditions of the investment have been met. Upon removal of condition, a full Green Card is granted for indefinite permanent resident status and work permission in the United States.
Benefits of the USA and the EB-5 Program
- A direct route to a U.S. Green Card- permanent residence for Applicant and accompanying spouse and children under the age of 21.
- Freedom to live, work, study and retire anywhere in the USA.
- Eligibility to obtain U.S. citizenship and passport after five (5) years as a resident.
- Access to distinguished colleges and universities at a U.S. resident cost.
- No active business management required under the regional center program.
- No English language requirement.
- No prior business experience requirement.
- Political and economic stability with one of the highest standards of living in the world.
- No requirement to live in area of investment under the regional center program.
Program Requirements
To be eligible to apply, the Principal Applicant must:
- Be at least 21 years old;
- Be in good health;
- Have enough funds to make the required investment and be able to prove that these funds were obtained lawfully.
Applications will be denied on the following grounds:
- Direct or indirect misrepresentation;
- Applicant is unable to establish that they are the legal owner of the invested capital.
Application Processing Time
The procedure for obtaining an EB-5 Investor Green Card is a two-step process.
The first step involves completing a thorough business and financial due diligence analysis of the viability of the proposed EB-5 business project, making the investment into an escrow account and filing a petition with the USCIS to certify that the Applicant and investment are eligible. This step takes, on average, about one (1) year and a few months to complete.
Upon approval of the petition an application is made for the Green Card:
- If the investor resides abroad, at the U.S. Embassy or Consulate of the investor’s home country. In this case an interview is necessary and the process takes around 17-24 months.
- If the investor resides in the U.S., through USCIS by the adjustment of status process. An interview in this case is customarily not required, and the process takes around 24-26 months.
International Organization Membership
The United States of America is a member of the following international organizations:
- The United Nations;
- G7, G8, G10 and G20;
- The Council or Europe;
- The International monetary Fund;
- The North American Free Trade Agreement;
- The North Atlantic Treaty Organization;
- The World Health Organization;
- The Organization for Economic Co-operation and Development; and
- The Euro-Atlantic Partnership.
Population
328.6 Million
GNI Per Capita
USD$60,200 (2017)
Official Languages
English (Official)
Currency
United States dollar (USD)
Capital
Washington, D.C.
Temperature
Average all year round of 11.5 °C – 21.5 °C
Major Religion
Christianity
Government
Federal Republic
The United Stastes EB-2 Visa
Employment-Based Immigration
EB-2 visa is short form for “Employment-Based Green Card for Advanced Degree Professionals.” If you are an executive and your profession is listed in the NAFTA free trade agreement; such as doctors, business managers, and those who have a master’s degree or higher, you are able to gain lawful permanent residence in the US. You can get an immediate three-year work visa as long as you have the appropriate credentials required by the agreement for the profession involved. At Equity Law Firm LLP, our immigration lawyers at Equity Law Firm LLP work diligently to lessen long processing times and will be there to assist you through every step of the application process.
EB-2 Visa Requirements
Applicants for the EB-2 Visa are categorized in one of 3 categories based on their skills, background, and knowledge:
- EB-2(A): This EB-2 visa is for foreign national professionals with master’s degrees or higher- with a job offer from a U.S. company
- EB-2(B): This EB-2 visa is for foreign nationals with exceptional ability in either sciences, business or arts- with a job offer from a U.S. company
- EB-2(C): This EB-2 visa is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.
Attaining an EB-2 Visa is a three-step process:
Step 1: The employer (who wishes to hire a foreign worker) must file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review System (PERM).
PERM requires the employer to certify that:
- A) There is a job opening in a specified professional field that is available to US workers
- B) A foreign worker is needed due to lack of applicants
- C) The pay for the job is at a prevailing industry rate
The employer must go through a lengthy recruiting process indicating that no qualified American workers are eligible/available to take the stated job position. This process is crucial to the application process as suspicion may arise by the Department of Labor. Hiring a Equity Law Firm LLP immigration attorney will help prevent long processing times and uncertainty. If all requirements are met, the Department of Labor will issue a PERM form, which is necessary before proceeding to the next step.
Step 2:
After the PERM form is received, the employer wishing to sponsor a foreign worker for an EB-2 green card must complete and file form I-140. Those who already have an EB-2 green card may skip this step.
Step 3:
After submitting the petition, the applicant must wait for his or her EB-2 priority date to be eligible to proceed to the next stage of the application process. The priority date depends on when the application is received.
EB-2 Visa Duration
Attaining an EB-2 Visa is a lengthy process that allows for plenty of room for error/uncertainty. Hiring a Equity Law Firm LLP Immigration Attorney will help ease the daunting documentation process and shorten lengthy processing times by providing ensuring top-notch service and guidance every step of the way.
If you are an applicant who is required to get a PERM Labor Certification, the application duration can vary from eight months to two years if your potential employer is audited after the recruitment process. It is in your best interest to hire one of our Immigration Attorneys at Equity Law Firm LLP to avoid an audit, and lessen the total duration of your processing time.
If you wish to speed up your I-140 processing time, you may opt for the premium processing service which shortens your petition processing time from about six months to 15 calendar days for a fee of $1,440.
After your priority date is current, you can submit your I-485, which will take about six months to process.
The total processing time for an EB-2 visa varies ranging from a year and a half to several years depending on the circumstances of each individual case. Contact Equity Law Firm LLP Immigration today to accelerate and facilitate your EB-2 visa process.
The E-2 Treaty Investor Visa
Options For Investors And Executives
Requirements For The E-2 Treaty Investor Program
- The investor, either a real or corporate person, must be a national of a treaty country.
- The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
- The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
- The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
- The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
- The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
TN NAFTA Professionals
Options Through NAFTA
What is a NAFTA Professional (TN) Visa
What are the requirements for a TN Visa?
The key to the TN Visa is a job offer from an employer seeking to hire you in a relevant occupation as specified by the U.S. State Department and an originally signed letter to that effect. An applicant must be a citizen of Canada or Mexico, must have the qualifications for their profession, and has to pass an FBI background check. Finally, you must provide a copy of your degree or other credentials satisfying the NAFTA requirements, and pay the relevant fee.
In order to apply for a TN Visa, individuals must be able to show intent to return. The US State Department has specified 63 specific positions that require this visa type.
TN Visa duration
Eligible Occupations
Accountant
Architect
Computer Systems Analyst
Disaster Relief Insurance Claims
Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Land Surveyor Landscape Architect
Lawyer
Librarian
Management Consultant
Mathematician/Statistician
Range Manager/Range Conservationist
Research Assistant
Scientific Technician/Scientific Technologist
Social Worker
Silviculturist
Technical Publications Writer
Urban Planner
Vocational Counselor
Dentist
Dietician
Medical Laboratory Technologist/Medical Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician (Teaching/Research only!)
Physiotherapist/Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian
Agriculturalist
Animal Breeder
Animal Scientist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geochemist
Geologist
Geophysicist
Horticulturist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist
Teaching Professions: College, Seminary, University
Study
Study in Canada or the U.S.
While offering world-renowned study, Canada provides unique advantages to international students who complete their studies in one of the many Designated Learning Institutions available. Upon successful completion of their courses, international students are offered a variety of pathways to Canadian Permanent Residency, including Post-Graduate Work Permits and the Provincial Nominee Program. Complete the free assessment to find out if you are eligible.
There are situations where you may study in Canada without obtaining a Study Permit. Learn more about studying in Canada without a study permit, or contact us today for a consultation.
If Canada is not right for you, learn about the advantages of studying in the U.S.
Get Matched And Apply To Educational Programs and Schools
Visa Waiver Program
Visit Without A Visa
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.
Must Be a Citizen or National of a VWP Designated Country
You must be a citizen or national of the following countries to be eligible to travel to the United States under the VWP.
Andorra
Australia
Austria
Belgium
Brunei
Chile
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand
Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
Taiwan*
United Kingdom**
**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.
Each Traveler Must Have a Valid ESTA
In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA webpage on the CBP website for more information.
See the US State Department website for more information on the visa waiver program.
Intra-Company Transfer
Relocating Staff
Meet Our People
Thomas McGreggor
Principal Partner
Vince Vandarous
Associate Director, Immigration
Marwa Badra
Associate Director, Immigration, RCIC
Andy Semotiuk
Lawyer
Rachel Eta Brown
Lawyer
Klaudios Mustakas
Senior Immigration Advisor & RCIC
Michael O'Rourke
Director, LATAM Group, Senior Lawyer
Anna Aazam
Lawyer
Polina Elizarova
Lawyer
Jennifer Farquharson
Lawyer, Associate Director
LATAM Group
Get in Touch
Call us now or fill out the form to discuss your case with an experienced legal professional.
Office Location
401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598
Office Location
401 Bay St. Suite 1600, Toronto,
ON M5H 2Y4, Canada
Tel: +1 416 225 2598
Office Location
401 Bay St. Suite 1600,
Toronto, ON M5H 2Y4,
Tel: +1 416 225 2598
Office Location
401 Bay St. Suite 1600,
Toronto, ON M5H 2Y4,
Tel: +1 416 225 2598
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